Malaysia Case Law: Decisions & Judgments

Topic

Special damages

Legal area

Court

2 Apr 2026

NORAINI BINTI JOHARI 1. ) MOHAMAD HANIFF BIN DAUD 2. ) Ketua Polis Negara Malaysia 3. ) Kerajaan Malaysia

Citation

BA-B51KJ-3-12/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BA-B51KJ-3-12/2024 (Mahkamah Sesyen)

On the balance of probabilities the court apportioned liability equally: plaintiff 50% and defendants jointly 50% because plaintiff rode in the emergency lane, was unlicensed, unwell and inattentive while defendants drove against traffic in pursuit of a suspect and ought to have prioritized public safety; the court assessed and awarded damages as itemised in the judgment (General damages RM 377,518.40; Special damages RM 312,348.67; Total RM 689,867.07) and directed interest as specified.
9 Mar 2026

XXXX 1. ) Kerajaan Malaysia 2. ) Muhammad Hafizzudeen bin Iskandar Tuah 3. ) Muhammd Hafeezat bin Ramzee Azlan 4. ) Fatin Najwa binti Amran 5. ) Nur Saiyidah Solehah binti Jamal 6. ) Muhammad Fauzan bin Yunus 7. ) Nurul Ashikin binti Abu Ba

Citation

KA-21NCvC-7-05/2022 (Mahkamah Tinggi)
Court

High Court
Case number

KA-21NCvC-7-05/2022 (Mahkamah Tinggi)

Where liability was admitted the court conducted a compensatory quantum assessment: allowed proven special damages and pre-trial sums, awarded general damages RM400,000, awarded future general/equipment damages RM200,000 and future 'others' RM1,389,414, disallowed most claims for private future medical/therapy costs on finding equivalent treatment available free at government hospitals, fixed life expectancy at 33 years with multiplier 25 (33 less age 8), declined aggravated damages for lack of pleaded and proven aggravating conduct, awarded costs RM186,159.72 and directed deposit of funds in…
23 Feb 2026

1. ) MUHAMMAD ADNAN BIN HASBULLAH 2. ) NUR IZZATI BINTI HASBULLAH 1. ) AZMI BIN ABDULLAH 2. ) PERNIAGAAN KESOM BINA

Citation

TA-B53KJ-8-05/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

TA-B53KJ-8-05/2023 (Mahkamah Sesyen)

Defendants were 100% liable because the treller was parked so as to obstruct the plaintiff's lawful lane without adequate warning or supervision, breaching statutory duties and creating the danger that caused the collision; the plaintiff was not contributorily negligent on the balance of probabilities; adverse inference applied to defendants' failure to call a disclosed traffic controller witness; damages were assessed item by item and awarded accordingly with specified interest and costs.
9 Feb 2026

Arif Hilmi bin Abdul Fatah Safiai bin Mohamed

Citation

DA-B53KJ-24-09/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

DA-B53KJ-24-09/2023 (Mahkamah Sesyen)

Defendant, having failed to give evidence and confronted with police and witness evidence and damage patterns, was held 100% negligent for making an unsafe U-turn into Plaintiff's lane; Plaintiff bore no contributory negligence; damages assessed item-by-item on medical and comparative authorities and future loss awarded on accepted income and multiplier.
4 Feb 2026

WAN MUHAMMAD HAZEEQ BIN WAN HASSAN AKMAL HAKIM BIN MAT DAUD

Citation

DA-A53KJ-36-01/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

DA-A53KJ-36-01/2024 (Mahkamah Sesyen)

The court accepted that while the plaintiff sustained permanent complex brachial plexus injury and required orthotic support, the plaintiff's proposed cost estimate of RM961,400 was speculative and potentially a windfall; the defendant's detailed life‑cycle quotation from Teh Lin for RM103,050 was functionally equivalent, professionally prepared, conservative and reasonable and therefore was accepted as the appropriate basis for special damages; the court also accepted the admissibility and probative value of the defendant's witness Nor Hashimah based on extensive industry experience.
14 Jan 2026

1. ) MUAMAL SHAFIQ BIN RAHATAN 2. ) C T HO TRANSPORT SDN BHD MUHAMMAD FAUZI BIN ARSHAD

Citation

JB-12B-2-07/2025 (Mahkamah Tinggi)
Court

High Court
Case number

JB-12B-2-07/2025 (Mahkamah Tinggi)

The High Court held the Sessions Court did not commit any error of law or misapprehension of facts in assessing quantum; the awards for general damages (RM67,000), special damages (RM239,392.71) including RM179,000 for loss of earning capacity, and RM800 for travel were reasonable and supported by unrebutted medical and factual evidence; appeal dismissed and costs RM5,000 awarded to Respondent.
9 Jan 2026

X2 International Sdn Bhd 1. ) Sheng Tai Impression Sdn Bhd 2. ) Dato' Leong Sir Ley 3. ) Tan Yoong Wei

Citation

WA-22IP-59-09/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22IP-59-09/2023 (Mahkamah Tinggi)

Amendment application dismissed because the plaintiff failed to provide a cogent explanation for the delay, the proposed amendments introduce a new, substantively distinct cause of action and recharacterise quantum thereby changing the character of the suit, and the prejudice to defendants arising from late, substantial amendments could not be adequately compensated by costs.
16 Nov 2025

A.AIDIP BIN A.ZAIDI 1. ) ZARIF ZAHIRUDDIN BIN ZALI 2. ) ZAITON BINTI ISMAIL

Citation

TA-12B-14-11/2024 (Mahkamah Tinggi)
Court

High Court
Case number

TA-12B-14-11/2024 (Mahkamah Tinggi)

High Court reduced and reallocated awards based on comparative authorities and cogent medical evidence: fractured distal right clavicle reduced to RM40,000 (from RM70,000) because original award was excessive relative to comparable cases despite complications; abrasions reduced to RM5,000; scarring enhanced to RM25,000; shoulder brace (RM135,000) and nutritive/laser treatment (RM15,003) disallowed as not medically necessary or speculative; Pregabalin award limited to one year at RM2,920 rather than lifelong; spinal injury claim dismissed for lack of contemporaneous evidence and causation.
12 Nov 2025

1. ) MOORTHY A/L MUNIANDY 2. ) PRAVIN RAO A/L MOORTHY NITHYANANTAN A/L YASUDABER

Citation

BA-12B-12-02/2025 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12B-12-02/2025 (Mahkamah Tinggi)

Two heads of general damages were modestly enhanced because the Sessions Court's awards were below comparable authorities relied upon by the appellant; special damages adhere to strict proof so physiotherapy is limited to receipted RM1,600 and the speculative Arcoxia claim of RM111,600 is dismissed; overall award increased from RM272,600 to RM284,600 reflecting limited appellate interference.
10 Nov 2025

1. ) MOHD RAHIME FAUZE BIN ABDUL RAHMAN 2. ) FATIMAH BINTI ALI SYARIKAT AIR TERENGGANU SDN BHD

Citation

TA-A53-6-10/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

TA-A53-6-10/2023 (Mahkamah Sesyen)

On the balance of probabilities the court found Defendant liable for negligence and nuisance for allowing contractor operations to release water onto Plaintiffs' lower‑lying property; causation was established by witness evidence and contemporaneous photos/videos; however quantum required reduction because Plaintiffs failed to strictly prove several special items and did not call expert evidence; court awarded two‑thirds of the quoted repair cost for the kitchen (RM27,270), awarded specified ancillary special expenses (RM2,500 for repairs/cleaning, RM800 valuation report, RM200 police/photos)…